This property has a documented history as a gasoline service station going back to 1947. Historical insurance policies issued during those prior operations and through 1986 could help fund the cleanup that lies ahead.
This property operated as a gas station since prior to 1947, with a 5,000-gallon aboveground storage tank installed in 1981. Petroleum contamination discovered in 1993 had migrated into the community drinking water system, forcing the Crescent Water Association to shut off portions of its water distribution line, and contaminated groundwater extends beneath Highway 97 toward the Little Deschutes River. Oregon DEQ designated the site as an orphan project in 1998 after the original responsible party declared bankruptcy, and significant remediation followed — including tank and structure removal, soil excavation, and groundwater extraction — but contaminated groundwater remains, institutional controls have been in place since 2000, and no No Further Action determination has been issued. That history could support an insurance coverage claim against the carriers who issued policies more than 40 years ago — coverage that could help fund the cleanup ahead.
Why Historical Insurance Policies May Be Accessible
Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Oregon — and those policies may provide coverage that remains enforceable today. If contamination occurred while those policies were active, those historical insurance carriers may still have a legal obligation to fund the cleanup costs, even if the business closed or the property changed hands.
The petroleum contamination at this property traces to fueling operations that began prior to 1947 and continued through at least 1981, placing decades of contaminating activity squarely before 1986. The investigation and remediation costs this property still faces — addressing residual groundwater contamination that extends beneath Highway 97 toward the Little Deschutes River, maintaining the institutional controls in effect since 2000, and achieving Oregon DEQ regulatory closure — are future obligations that historical pre-1986 carriers may be obligated to fund.
Restorical's role is to locate viable historical policies, determine whether a successful coverage claim is possible, and assist our clients and their legal counsel to obtain insurance coverage. Restorical then manages the claim, including accounting, to ensure the cleanup is funded in a timely manner.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management
The Restorical Proven Process
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Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.